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Hello! Long time no talk. It’s been 19 months since the last election and it was nice to get some time off from campaign life.

There are some exciting decisions to be made in the upcoming election here in California. All of the statewide officers are up – Governor, Lt. Governor, Attorney General, all the way down to the Board of Equalization. Senator Dianne Feinstein and every member of Congress and the state Assembly are up for election. Remember: this is a “Top Two” open primary, meaning all of the Republicans and Democrats appear on your ballot in June, and then the first and second place finishers – regardless of party – will move on to the November General Election.

Everyone in my world is predicting that 2018 is going to be another Year of the Woman: unprecedented numbers of women are running for office this year, and it’s about time. In the first election following Trump’s inauguration, the #metoo movement, and the women’s marches, I’d like to see some progress in making our government look more like America. Luckily, there are some great female candidates on the June ballot.

Before we begin, I should clarify that the opinions I express in this voter guide are my own, and should not be attributed to my employer, my baby girl, or any of the many Democratic clubs I belong to. Please send all hate mail to me at info (at) votealix.com.

In the interest of full disclosure, I’m a liberal Democrat attorney and a government nerd, whose passions include arts and culture, getting more women elected to public office, and protecting our environment for future generations. I’ve worked on more political campaigns than I can count, including my own, and I also like long walks on the beach.

My guide to the 2018 San Francisco candidates and measures is here.
My printable one-pager with my ballot recommendations is here. Take a screen shot and take it with you to the polls!

Lieutenant Governor Gavin Newsom has a solid lead in this race, and so the June election is really just about seeing who will make it into the top two to face Newsom in the November election.

The other Democrats include Antonio Villaraigosa, a former mayor of Los Angeles; John Chiang, the state treasurer; and Delaine Eastin, the former superintendent of public education. The two main Republican candidates are John Cox, a business executive endorsed by President Trump, and Travis Allen, a State Assembly member who has stayed in the race despite having been found to have sexually harassed a staffer. Ugh. If you’re reading this voter guide, I can assume you won’t vote for a Trump supporter or a sexual harasser, so I won’t even bother analyzing Cox and Allen for you.

The Dems aren’t that far apart from each other on issues like the environment, education, universal preschool, housing and homelessness. They all (except for Villaraigosa) support universal health care and agree that high speed rail is a good idea, but are wary about how the state is going to pay for both of these very expensive initiatives.

Delaine Eastin

Newsom has more experience, vision and charisma than the other candidates. As Lt. Governor, he has had a front row seat to the workings of the Capitol, and having served as SF Mayor, he is sympathetic to the plight of big cities, particularly on homelessness and housing issues. I had some problems with his work as Mayor (see: ending Halloween in the Castro), and I think his flip-flop on California’s high speed rail project is problematic. And he’s going to make it into the top two anyway, so let’s look at his opponents.

Having met John Chiang (pronounced “Chung”) on a number of occasions, I can tell you he is genuine, hard working, and wonky. I really like him. He doesn’t have the star power of a Newsom or Villaraigosa, and that’s probably why his campaign isn’t attracting the high level donors and endorsers. Which is too bad, I think he’d make a great governor.

Villaraigosa has been focused on winning the Central Valley vote, visiting the region more times than the other candidates combined. I haven’t been hearing much about his campaign, but that’s because I live in SF, and it seems that Villaraigosa has conceded my vote to Newsom.

Delaine Eastin is the only female candidate in the race, and she is also smart and has some good ideas for California, but the last time she held elective office was 15 years ago, and voters probably don’t remember anything about her. All things being equal, I’ll vote for the qualified woman in the race, since only 6 states in the US have female governors, and um, it’s 2018.

Lieutenant Governor – Kounalakis

The main job of the lieutenant governor is being ready to serve as Governor should something terrible happen to him (yes, it has always been a him). There are a few substantive roles the Lt. Gov. plays, though, such as UC Regent, Trustee for the California State University system, State Lands Commissioner and chair of the California Commission for Economic Development. Whoever holds the seat can also use the position as a bully pulpit, taking on whatever issues matter to them. It’s a pretty sweet gig, actually.

In this year’s election there are three viable Democratic candidates for the job, and you really can’t lose with whichever one you pick. Eleni Kounalakis was US Ambassador to Hungary, and while she has never held elected office, she has been a Democratic activist for many years, and she has amassed a pile of endorsements from people and organizations I personally care about (Senator Kamala Harris, women’s groups, etc.). She plans on using the Lt Governor’s office to draw attention to the equal pay and equal treatment of women in the workplace. Huzzah!

Jeff Bleich, the former US Ambassador to Australia, is also in the mix, with the endorsement of the Chronicle, Congresswoman Jackie Speier and a few others. Dr. Ed Hernandez is the only candidate who has electoral experience, having served in the State Assembly and the State Senate, and he has the endorsements of labor and many organizations. Since I’d like to see more women in public office, and Kounalakis seems capable, I’m with her.

Secretary of State – Padilla

Incumbent Alex Padilla is endorsed by everybody and is running virtually unopposed. He cleared the field because he has done a good job of modernizing the Secretary of State’s office, increasing voter registration and protecting voter rights.

Controller – Yee

Incumbent Betty Yee is endorsed by everybody and is running virtually unopposed. She stuck her neck out for the state’s cannabis industry, long before it became legal for recreational purposes, and she has always been a fierce advocate for women’s rights and undocumented Californians. Vote for Betty.

Treasurer – Ma

Fiona Ma is a CPA, a former member and chair of the state Board of Equalization, and she has the endorsement of everybody, including the California Democratic Party. She is supporting a bill to create a banking system for cannabis, which would allow the state to collect millions of dollars in additional tax revenue. Her work in rooting out nepotism and questionable accounting practices at the Board of Equalization has received widespread praise. Her main opponent is Vivek Viswanathan, who has never held public office, and he can’t seem to scrape many endorsements together.

Attorney General – Becerra

Two Democrats are the front runners in this race: Incumbent Xavier Becerra and outgoing Insurance Commissioner Dave Jones. Becerra was appointed Attorney General by Governor Brown to replace Kamala Harris when she was elected Senator. Dave Jones, who currently serves as Insurance Commissioner, is running a strong campaign against Becerra. And while the two Republican candidates are long shots, if Jones and Becerra split the Democratic vote, it’s possible that a Republican could make it into the top two if they unify the party.

Attorney General Becerra has made headlines for himself by suing the Trump administration on several fronts, most notably immigration. Jones is equally as aggressive, having served as a fierce consumer advocate as Insurance Commissioner. Both men have distinguished records, and share similar positions on the issues that matter to Democrats in California.

Jones is very smart and I’ve been impressed with his dedication to public service. After graduating with a law degree and a degree in public policy from Harvard, he worked at legal aid for years, and then three years in the Clinton Justice Department. Although… he is a white dude, and we don’t need any more of those in office. (Sorry white dudes, you’ve had your turn).

Insurance Commissioner – Lara

One year ago, I wrote a column in the Examiner about what it would take to get single payer health care in California. The bill I wrote about – S.B. 562 – would have helped bring universal health care to our state, and its author, Senator Ricardo Lara, is now running for state Insurance Commissioner to stand up to insurance companies and continue his work on developing a single payer system. Which I think is WAY overdue (although it’s going to be very expensive).

Lara’s main opponent, businessman Steve Poizner, is a former Republican, now running as an independent. He previously served as Insurance Commissioner in 2006, and says he will concentrate on prosecuting insurance fraud (read: defending insurance companies against the little guy) and improving coverage for natural disasters. Poizner opposes universal health care.

Member, State Board of Equalization (Dist. 2) – Cohen

California’s Board of Equalization (BOE) is the only elected tax board in the country. The BOE oversees property taxation collected locally by county tax collectors, and sets “fair market value” of public utility property including buildings, land, structures, improvements, fixtures, and personal property.

This race is between two women: Supervisor Malia Cohen from San Francisco, and State Senator Cathleen Galgiani from Stockton. Senator Galgiani chairs the Senate Agriculture Committee, and she is a moderate Central Valley Democrat. She comes from an agricultural region, and her perspective and her campaign promises are pro-farming and pro-business.

Malia Cohen is a progressive Democrat from the big city, she has a track record of taking on the special interests and big corporations (see: Big Soda and Big Tobacco). I know Malia personally, and I can tell you that she is smart, and she has integrity and a fearlessness that I admire. The Board of Equalization has faced serious allegations of misconduct, including misallocation of tax payers dollars, widespread nepotism, and questionable spending. Malia has the tenacity to root out the causes of these problems, and she will hold people accountable for them.

U.S. Senator – Feinstein

Many of Dianne Feinstein’s critics think that she is too stodgy and bipartisan. In August 2017 she called for patience with Trump saying that “he could be a good president.” (Gah!) After those comments, the backlash she felt was fierce, and it inspired State Senator Kevin DeLeon to file to run against her. DeLeon was hoping Senator Feinstein would retire or be weakened by the resurgence of progressive activists in the form of the Resistance movement.

DeLeon’s candidacy clearly lit a fire under her because Feinstein has since become a vocal critic of the Trump administration’s policies. She is also a strong supporter of gun control laws and has introduced legislation to ban bump stocks. I think she is worth keeping around, because she has a deep knowledge of the judiciary and international relations, and has seniority on key committees. But kudos to DeLeon for pulling Feinstein to the left and reminding her that California is, and must remain, at the front lines of the Resistance.

State Superintendent of Public Instruction – Thurmond

This race is between Assemblymember Tony Thurmond from the East Bay, and Marshall Tuck, a former charter school executive from Los Angeles.

Tuck is a former investment banker and a charter school advocate, and he ran against incumbent Tom Torlakson in 2014. As I said back then, I think charter schools threaten to drain the public school system of its high achieving students, leaving underperforming students in the dust. (See this great article by Paul Buchheit on the subject).

Thurmond is the real deal. He has served as a social worker helping foster kids, truants and the developmentally disabled. Unlike Tuck, he has held government positions for many years, on the school board and the city council in Richmond. As an elected member of the state Assembly, he has made improving public education his top priority. This experience will help him pull the levers of government to support the public schools, and get them the funding that they so desperately need.

Statewide Proposition 68 – Yes

This measure would authorize $4 billion in general obligation bonds for state and local parks, environmental protection projects, water infrastructure projects, and flood protection projects. For perspective, keep in mind that the state’s overall budget was $190.3 billion this year.

Given how hard climate change is already hitting our state (See: wildfires, floods, longer droughts, shrinking snowpack), this measure is critically important. Every single environmental organization in California supports it, as well as every major newspaper, and a few powerful Chambers of Commerce. The only serious opposition is from people who hate taxes generally. Vote yes.

Statewide Proposition 69 – Yes

Prop 69 is a Constitutional amendment requiring that all tax revenues from the Road Repair and Accountability Act of 2017, enacted by the legislature last year, be dedicated for transportation-related purposes. This is a SUUUPER technical measure having to do with state budgeting, and the “Gann limit” of 1978, which determines how state and local budgets are calculated. You can dig into the details here, or you can just vote yes to make sure that the gas taxes you pay will not be diverted by future legislatures into other non-transportation related funds. Also, it has no formal opposition.

Statewide Proposition 70 – No

Ballot measures like this make me so mad. They require a graduate degree to understand them, and they illustrate how broken our ballot measure system is. Prop 70 is a Constitutional amendment that would require a two-thirds vote in each chamber of the California State Legislature to use revenue from the State Air Resources Board’s auctioning or sale of greenhouse gas emissions allowances under the state’s cap-and-trade program, which vote would need to take place sometime in 2024 or later. Requiring a 2/3 majority in the state Legislature simply gives Republicans the power to decide how cap-and-trade funds are allocated.

Not sure why this is on the ballot now, except that Jerry Brown promised to put it on there and he’s about to retire. He is one of the very few supporters of the measure, and all of the environmental organizations have lined up against it. Vote no.

Statewide Proposition 71 – Yes

Today, when a ballot measure is approved by the voters in California, it goes into effect the day after the election. That’s nuts, because the Secretary of State doesn’t even certify that the election results are valid until a month after the election takes place. In very close elections, a ballot measure could go into effect before all the ballots are counted! A yes vote on Prop 70 will correct this problem, moving the effective date of ballot propositions from the day after election day to the fifth day after the election results are certified. This one is easy. There is no formal opposition.

Statewide Proposition 72- YES!!

California is facing some very serious water shortages in its future, and capturing rainwater is one way homeowners are going to start solving the problem. Prop 72 is a Constitutional amendment that will make it easier for Californians to install rainwater capture systems by eliminating a tax penalty for their installation. (Or rather, by enabling the state legislature to exempt them from taxes, same same). All of the major newspapers support Prop 72, as well as the Democratic Party and many major environmental organizations. There is no formal opposition.

Regional Measure 3 – Yes

Eek. Living in the Bay Area is expensive enough. Raising the Bay Bridge and Richmond Bridge tolls by $3 (over six years) will be painful for most commuters. However, this money will go toward a very good cause – funding the Bay Area Traffic Relief Plan, including a $4.5 billion slate of transportation projects. And if it gets more people off the bridges and onto public transit, that will be a very good outcome. I say vote yes.

This ballot is a long one, but I have great news. You’ve already voted for a lot of these same people once this year (WHAA? Yes). Let’s review, shall we?

California has adopted the “top two” open primary system of electing our state officers and legislators, which means that: (1) in the June election, voters chose among candidates of all parties, not just the party they are registered in; and (2) the top two candidates, regardless of party, advanced to the general election in November. So if you’re like me, you’re voting in November for all the same people you voted for in June in the State Assembly and statewide officer races. (Surprise! They are all Democrats.) You can find them all in my June voter guide. But not to worry, I’ve included my explanations here too.

There is also some REALLLLLY interesting and important stuff in the propositions. So pay attention.

This is my guide for the statewide candidates and ballot measures in the November 2014 election. The guide specific to San Francisco is posted here.

Without further ado, I submit to you my Big Ol’ Voter Guide. This time, I put my recommendations in order of how each race or measure appears on the ballot. In the interest of full disclosure, I’m a progressive attorney with a background in real estate and land use, whose passions include protecting and promoting San Francisco’s nightlife and culture, getting more women elected to public office, and bringing more public art to cities around the world. I’m a Vice Chair of the San Francisco Democratic Party, and I also like long walks on the beach.

Click here for more information on your voter registration and what your ballot looks like.

California Statewide Offices

Jerry Brown for Governor
Gavin Newsom for Lieutenant Governor
Alex Padilla for Secretary of State
Betty Yee for Controller
John Chiang for Treasurer
Kamala Harris for Attorney General
Dave Jones for Insurance Commissioner
Fiona Ma for Board of Equalization, District 2

JudiciaryApprove all of the Supreme Court Justices and Justices of the Court of Appeal

Remember when Jerry Brown ran for Governor four years ago, when the economy was in the tank and nobody else wanted the job? Think about how far we’ve come. Governor Brown can’t take ALL the credit for the vastly improved economy, but he can take credit for having turned around some of the state’s structural budget deficits. Today he has a 60% approval rating, and during his term, California went from a $25 billion budget deficit to a $4.2 billion projected budget surplus, in no small part due to the tax measure that Brown pushed for in 2012.

His opponent Neel Kashkari is a Republican former banker with marginal support. He is running a very strange campaign, in that he’s trying to win over voters who oppose Brown from both the left AND the right. He is arguing that Brown hasn’t done enough for the poor, for schools, or for jobs. But these arguments ring hollow to me, given the numbers I cited above. Brown is doing a fine job, let’s keep him.

Lieutenant Governor: Gavin Newsom

Newsom’s hair looks exactly the same in every single picture taken of him ever.

I kind of feel bad for Gavin Newsom. The Lieutenant Governor doesn’t have much to do other than fill in when the Governor is absent or incapacitated. He sits on the State Lands Commission and the UC Board of Regents, and these can be powerful places to be – but very boring places for someone like Newsom, who likes to be the star of the show. But Newsom has been able to use his office to draw attention to important issues like drug policy reform. He has called for ending the war on drugs, calling it “nothing more than a war on communities of color and on the poor.” (Tell it, brother!). I’m happy to support him again.

His opponent is political consultant (and former chair of the California Republican Party) Ron Nehring from San Diego. Field Polls have Newsom ahead by a landslide, and Newsom has ten times the amount of money in the bank, so this campaign is all but over. I was listening to Nehring on KQED radio the other day, and his campaign motto seems to be, glumly, “Everyone deserves to have an opponent.” Aw. Sad.

Secretary of State: Alex Padilla

You wouldn’t guess this charming fellow is an MIT-trained nerd.

Senator Alex Padilla is a Democrat. His opponent Pete Peterson is a Republican. Is that enough for me? Yeah probably. But in case you’re interested, here’s more detail.

Peterson, an academic at Pepperdine University, has some interesting ideas. He has suggested that politicians’ salaries be based on the number of campaign promises they are able to keep. (Ha! Yeah. Right.) He has proposed a ban on all fundraising activities by state legislators and statewide officeholders while the legislature in is session, thus leveling the playing field for candidates who are running against incumbents. Hmm. I kind of like that idea, actually.

But I like Padilla because he has been a prolific (and liberal) legislator in the State Senate, authoring bills on a wide range of issues including local prosecution of military sexual assault, criminalizing the mislabeling of seafood, and improving campaign communication disclosures. Remarkably, he is also an MIT-trained engineer who is both charismatic and charming (!). If elected, he promises to modernize the technology used by the Secretary of State’s office (‘bout time!) to make it easier to open a business and to register to vote. Given his background, he is just the guy to tackle this pressing matter.

Controller: Betty Yee

Betty Yee speaks for me

I can’t say enough good things about Betty Yee…she is genuine and smart, tough and effective, and she has far more financial experience than her opponent. She is a lifelong public servant, having worked in financial-related offices in state government before running for the Board of Equalization, on which she now serves. On the BoE, she has used her position to fight for tax equity for same-sex couples, she has advocated for the legalization of recreational marijuana (think of the tax revenues!), and she has adhered to the highest of ethical standards (for example, she rejected campaign contributions form the tobacco industry). The Controller’s primary responsibility is to track and control the disbursement of the state of California’s money, and so having an unimpeachable ethical record is important.

Her opponent Republican Ashley Swearingen is the mayor of Fresno, and is widely considered to be a rising star in her party. Her only relevant experience is turning Fresno’s financial ship around, and she did so by cutting city jobs and forcing public employees to pay more of their pension contributions. (If you know me, you know these things make me wince). Fresno is not California, and I don’t think she’s ready for prime time.

Treasurer: John Chiang

Mathlete John Chiang

The Treasurer is the state’s banker, the officer who is responsible for managing the state’s investments, including state employee pension funds. Who better to serve as our next Treasurer than the person who has done a great job as the state’s Controller for the last 8 years? As Controller, he made a name for himself by enforcing a constitutional requirement holding that legislators would not be paid if they failed to pass a balanced budget by June 15, 2011. During the Great Recession, as California teetered on the brink of bankruptcy, Chiang helped to keep the state functioning and paying its bills. He also helped balance the budget by identifying $6 billion in waste that was made available for more productive purposes. Also: he was a high school mathlete (I ❤ nerds!), and he is virtually unopposed.

Attorney General: Kamala Harris

Future Governor Harris

Incumbent Kamala Harris is also virtually unopposed, so I’ll keep it brief: Kamala is a rockstar. She has been a powerful advocate for consumers and privacy protections, prisoner anti-recidivism programs, victims of mortgage fraud, and same sex marriage in California. She is also brings a fresh perspective to the office, as she is the first African American, the first Indian American, and the first woman to serve as the state’s top cop. I am proud that she comes from San Francisco, and I hope she runs for Governor in four years.

Her opponent is Republican Ron Gold, whose campaign is focused on legalizing recreational marijuana (Yes! And he’s a Republican!). I’m all for it, but Gold doesn’t have a chance – he got only 12% of the vote in the June primary. But his campaign seems to have softened Harris’ stance on the issue. Which is a good thing.

Insurance Commissioner: Dave Jones

Insurance Commissioner Dave Jones – I can’t think of a single snarky thing to say about him.

Dave Jones is earnest and hard working, and he’s done some great things with his first four years as Insurance Commissioner. He has required health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has secured strict regulations on life insurance companies to prevent them from withholding benefits improperly. Recently, Jones held hearings on the insurance practices of ride-sharing companies to make sure that they are adequately insured to protect both their drivers and the general public. Jones’ Republican opponent, State Senator Ted Gaines, actually wants to decrease oversight of the insurance industry. Um, no. And no.

Board of Equalization: Fiona Ma

Fiona Ma no longer hates raves

Fiona Ma represented the west side of San Francisco on the Board of Supervisors and in the State Assembly for many years. She and I have disagreed on some policy issues, including a bill she wrote in 2010 that would have banned large-scale electronic music events in California. But she did write some great legislation in the Assembly, including a bill that would have required more employers to provide paid sick leave and one that banned toxic chemicals in plastics and children’s toys. She is a good fit for the Board of Equalization, which is the state’s main taxing body. She is a certified public accountant, and would bring her financial experience to that role. She is virtually unopposed, and she deserves your vote.

JUDICIARY

Approve All Of The Supreme Court Justices And Justices Of The Court Of Appeal

Does it even matter which one is which? No. No it does not.

Your ballot includes an entire page asking you to ratify judges you’ve never heard of. Save yourself the headache and just vote yes on all of them.

Justices of the State Supreme Court and the State Courts of Appeal must run for “retention” in the first gubernatorial election after they are appointed and then every 12 years. In these elections, voters are asked to ratify them with a yes or no vote, there is no competition. And since the state started its system of retention elections in 1934, justices have been rejected only once – in 1986, when three Supreme Court Justices were thrown out for ruling against the death penalty.

In this election, there doesn’t seem to be any kind of public outrage threatening the ouster of any of these folks. And I couldn’t find any particularly interesting dirt on any of them. So they are all going to win by large margins, perhaps because they should.

SUPERINTENDENT OF PUBLIC INSTRUCTION – TOM TORLAKSON

Tom Torlakson is busy thinking about ways to improve public schools

Incumbent Tom Torlakson and his main opponent, Marshall Tuck, have very different visions of how to improve public schools in California. A former teacher himself, Torlakson champions teachers and their unions, dislikes the nation’s growing reliance on standardized tests, and advocates for more funding.

An investment banker by trade, Tuck is an advocate for charter schools and for changing the seniority rules for teachers. Personally, I think privatization will serve to drain the public school system of its high achieving students, leaving underperforming students in the dust. (See this great article by my friend Paul Buchheit on the subject.)

On the other hand, it’s clear that the current regime isn’t working for our kids, and I’m sensitive to the argument that the teacher tenure system is broken. But if you ask me, the major problem facing the school system is the lack of funding; California ranks 48th in the United States in school spending! Ridiculous! And sad. It’s clear that Torlakson will be a more effective advocate for more funding, and is a better choice for this reason alone.

STATE MEASURES

Yes on Prop 1, Water Bond

This complicated measure will authorize $7.12 billion in new general obligation bonds for state water supply infrastructure projects, such as public water system improvements, surface and groundwater storage, drinking water protection, water recycling and advanced water treatment technology, water supply management and conveyance, wastewater treatment, drought relief, emergency water supplies, and ecosystem and watershed protection and restoration.

The environmental groups can’t agree on this one. The Sierra Club went with no endorsement, other big environmental groups like The Nature Conservancy support it because of the funding it provides for ecological restoration. The Center for Biological Diversity opposes it because $2.7 billion will go toward dam projects with possible environmental consequences.

It’s tough call, but I support Prop 1 because California is in a severe drought, and this solution is better then no action at all. The measure will not raise taxes, it merely reallocates money from unused bonds to invest in critical projects. Folks from across the political aisle agree: Democrats, Republicans, farmers, and some environmentalists. I think it’s worth a shot.

Yes on Prop 2, Rainy Day Fund

Proposition 2 is highly technical, so bear with me. It’s a constitutional amendment that would change the state’s existing requirements for its rainy day fund, and it would create a Public School System Stabilization Account (PSSSA). If approved, it would require the state Controller to deposit annually in to the rainy day fund 1.5% of all general fund revenues and significantly more of the state’s capital gains tax revenues. Deposits would be made starting no later than October 2015, and would continue until the rainy day fund balance reaches an amount equal to 10% of all general fund revenues. For the first 15 years, the rainy day payments would be split in two, with 50% going towards the state’s liabilities, like pensions and loans. In case you’re worried about future lean years, there’s a relief valve so that the payments can decrease if the Governor declares a budget emergency.

Prop 2 seems like a common sense fiscal reform to me, and I’m delighted that our economy is doing so well that we can have a real conversation about saving for the future. It’s about time that we start thinking long term about protecting vital services during an economic bust. If you’ve lived in California for more than a few years, you know that the public schools and social services are held hostage with every budget cycle, and this measure will insulate them a bit from the ups and downs.

Yes on Prop 45, Health Insurance Rate Regulation

Prop 45 will require health insurance companies to get any rate changes approved by the state Insurance Commissioner before taking effect. It also requires for more transparency in rate changes, including public notices and hearings. Finally, it prohibits health, auto, and homeowners insurers from determining policy eligibility or rates based on lack of prior coverage or credit history.

Have you seen lots of TV ads about this measure? Yeah, the insurance companies are freaking out about this one. Prop 45 seeks to place controls on rising insurance costs so that consumers will stop getting ripped off by insurance companies.

Opponents include the California Republican Party, Nancy Pelosi (!), insurance companies, medical organizations, and business groups. They claim that Prop 45 is an attack on Obamacare and that it’s not necessary because Covered California already negotiates insurance rates and benefits on behalf of consumers. It’s true that Prop 45 would give the Insurance Commissioner the right to reject a premium increase by one of Covered California’s approved providers – but what’s the harm in adding safeguards against higher rates? I don’t buy the argument, and I don’t trust insurance companies.

NO NO NO on Prop 46, Random Drug Testing of Doctors, Increasing Malpractice Damages Cap

This measure does three things: (1) it increases the amount of non-economic damages that can be awarded for pain and suffering in medical malpractice claims from $250,000 to over $1 million; (2) it requires the random drug testing of all doctors and requires the medical board to suspend all doctors with positive tests; and (3) requires health care practitioners to consult a state prescription drug history database before prescribing certain controlled substances.

I don’t have a problem with increasing the “pain and suffering” damages cap; in fact, it’s been 40 years since the current cap was established, and increasing it is probably warranted. Creating a statewide prescription drug history database makes me a little itchy – there will be people with access to this database who are not medical professionals and this measure hasn’t thought through the patient privacy issues.

But the main reason why I oppose this measure is…RANDOM DRUG TESTING OF ALL DOCTORS?? Really? C’mon. A dermatologist can lose her medical license because she smokes a joint on the occasional weekend? That’s just not right. I’m not aware that rampant drug use by doctors is a big problem. And who says that the state medical board isn’t already doing a decent job of disciplining doctors who are impaired on the job? The measure doesn’t say what kinds of drugs would be tested or how, or what kinds of penalties would apply.

The measure’s proponents just seem to be demonizing doctors here. They should come back to us with a measure that only increases the pain and suffering cap – that’s a measure I would support. Over 500 state and community organizations oppose Prop 46 – including labor unions, business organizations, the ACLU, women’s rights groups and Planned Parenthood. Please vote no.

YES YES YES on Prop 47, Misdemeanor Offense Classification

This state jails far too many people for nonviolent property and drug crimes. Period.

Prop 47 will reduce the classification of most “nonserious and nonviolent property and drug crimes” from a felony to a misdemeanor, unless the defendant has prior convictions for violent crime. The measure would require misdemeanor sentencing instead of felony for the personal use of most illegal drugs, and for shoplifting, grand theft, receiving stolen property, forgery, fraud, and writing a bad check, where the value of the property or check does not exceed $950. It will also permit re-sentencing for anyone currently serving a prison sentence for any of the above offenses, making about 10,000 inmates eligible for re-sentencing.

Our state’s prison system is overcrowded, and so this measure is way overdue. I also think it’s fundamentally unfair to put someone in prison for possession of small amounts of drugs or bouncing a check; we need to rebalance our criminal justice system so that it prioritizes violent and dangerous crimes. Prop 47 will save the state millions of dollars a year, and put that money towards treating mental illness and drug addiction, fund anti-truancy programs in K-12 schools, and help victims of crime recover from their trauma. The measure is sponsored by SF District Attorney George Gascon, and supported by the ACLU, the California Democratic Party, Newt Gingrich (really?! yes), labor unions, and many victims groups. It is opposed by Senator Feinstein, police officers groups and district attorneys.

Yes on Prop 48, Off-Reservation Indian Gaming Compacts

This measure affirms compacts negotiated by Governor Brown and ratified by all stakeholders to allow the North Fork Tribe to establish an off-reservation casino in Madera County, splitting revenues between the North Fork and the Wiyot tribes. Proponents say that it will create thousands of jobs, promote tribal self-sufficiency, avoid an alternative development plan in environmentally sensitive areas, and generate business opportunities and economic growth. Opponents say that gambling is a bad thing for California, that this measure is a slippery slope that will cause an avalanche of off-reservation casino projects. I don’t have a moral objection to gambling, and the slippery slope argument rings hollow to me, so I don’t see a reason to oppose this measure.